Civil liability of digital platforms for the motorcycle courier's work accident

Abstract

The present work aims to investigate the possibility of civil liability of digital platforms for the work accident involving motoboys service providers. For that, a qualitative research of bibliographic and documentary character was carried out. Delivery motorcycle couriers undergo an arduous workday, due to their earnings being directly related to the number of deliveries they make, in addition, these workers are constantly exposed to robberies, violence and traffic accidents. The activity carried out by motoboys who deliver digital platforms and delivery apps is not considered work with an employment relationship, thus, these companies are exempt from complying with the duties set out in the CLT, which includes work accidents, as well as vacations, 13 ° salary, maximum working day, FGTS and INSS. Faced with the recognition of the dangerousness of the activity carried out by motoboys delivering apps and digital delivery platforms, the hypothesis of applying the sole paragraph of article 927 of the Civil Code in cases of work accidents emerges, recognizing the strict liability of apps and platforms . It is concluded that it is necessary to recognize the employment relationship between motoboys and digital platforms and delivery applications, guaranteeing these workers the rights provided for in the CLT.